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Results: 1-10 of 246

Common patentee missteps in inter partes review

  • Oblon Spivak McClelland Maier & Neustadt LLP
  • -
  • USA
  • -
  • May 14 2013

The new post grant patentability challenges of the America Invents Act (AIA) have been warmly embraced by the public as a cost effective patent

Post Markman IPR filing displeases court

  • Oblon Spivak McClelland Maier & Neustadt LLP
  • -
  • USA
  • -
  • May 10 2013

The primary business distinctions between the USPTO Patent Trial & Appeal Board (PTAB) proceedings and traditional court based patent invalidity

Should you request a rehearing of your PTAB trial order?

  • Oblon Spivak McClelland Maier & Neustadt LLP
  • -
  • USA
  • -
  • May 16 2013

As detailed earlier this week, a patentee's decision to file a preliminary response in an IPRCBM preliminary proceeding is not as straightforward as

E-commerce & software patent trolls targeted by Congress

  • Oblon Spivak McClelland Maier & Neustadt LLP
  • -
  • USA
  • -
  • May 8 2013

As I pointed out last week, Congress is considering fixes to the U.S patent system are designed to combat the patent troll problem. Yesterday, S.866

Is it malpractice to file a declaratory judgment of invalidity after the AIA?

  • Oblon Spivak McClelland Maier & Neustadt LLP
  • -
  • USA
  • -
  • April 26 2013

The face of patent litigation in the U.S. was forever changed on September 16, 2012. This was the date the post grant patentability trials of the

Patentee seeks injunction against USPTO to stop IPR proceeding

  • Oblon Spivak McClelland Maier & Neustadt LLP
  • -
  • USA
  • -
  • May 7 2013

Every time Congress has tasked the USPTO with conducting a new post grant patent proceeding the agency finds itself fending off legal challenges to

After final rejection pilot program revamped by USPTO

  • Oblon Spivak McClelland Maier & Neustadt LLP
  • -
  • USA
  • -
  • May 21 2013

Some pre- grant news of note this week. Last Friday the USPTO announced the After Final Consideration Pilot Program 2.0 (Federal Register Notice here

Limited PTAB discovery frustrates district court litigators

  • Oblon Spivak McClelland Maier & Neustadt LLP
  • -
  • USA
  • -
  • May 1 2013

Parties to an Inter Parties Review (IPR) proceeding may obtain “limited discovery” at the USPTO’s Patent Trial & Appeal Board (PTAB). Such discovery

Stays pending USPTO review to increase as a result of speedier AIA options

  • Oblon Spivak McClelland Maier & Neustadt LLP
  • -
  • USA
  • -
  • April 29 2013

The primary business distinctions between the USPTO Patent Trial & Appeal Board (PTAB) proceedings and traditional court based patent invalidity

NPEs unwittingly invite lopsided battles at PTAB

  • Oblon Spivak McClelland Maier & Neustadt LLP
  • -
  • USA
  • -
  • April 10 2013

As the new patentability trials of the America Invents Act (AIA) have only been available for 7 months their impact is only now beginning to be felt